PROFESSIONAL QUALIFICATIONS

Admitted to bar, 2001, Texas; U.S. Supreme Court; U.S. District Court, Western District of Texas

Education: The University of Texas (B.A., with high honors, 1992); Harvard Law School (J.D., cum laude, 2001); Harvard John F. Kennedy School of Government (Master of Public Administration, 2001). Law Clerk to the Honorable William Wayne Justice, Senior United States District Judge for the Western District of Texas, 2001-2002.

REPRESENTATIVE EXPERIENCE

Constitutional

• Obtained summary judgment on behalf of a Chinese language newspaper on the basis of an absence of actual malice. Wang, et al., v. Tang, 260 S.W. 3d 149 (Tex. App. – Houston [1st Dist.] 2008, pet. denied).
• Wrote Supreme Court brief on behalf of amicus curiae Robert Gable, Ph.D. and other scientists in successful challenge, under the U.S. Constitution and the Religious Freedom Restoration Act, to the federal government’s ban of the use an hallucinogenic tea for bona fide religious purposes. Gonzalez v. O Centro Espirita Beneficenteuniao do Vegetal, 546 U.S. 418 (2006).
• Assisted local religious organization in successful challenge to State Comptroller's denial of tax exemption. Strayhorn v. Ethical Society of Austin, 110 S.W. 3d 458 (Tex. App. - Austin 2003, pet. denied).

Intellectual Property and Technology

• Represented licensing company in national trademark and copyright ownership dispute in both federal and state courts.
• Represented a local Austin business in trademark infringement, theft of trade secrets, and tortious interference with contract suit.
• Defended the first lawsuit brought by the Texas Attorney General under the federal CAN SPAM Act.

Professional Liability

• Represented a national law firm in a malpractice suit by former client regarding the client’s acquisition of military aircraft.
• Represented a local Austin firm in a malpractice suit by a former client regarding the client’s alleged infringement of a multinational corporation’s patents.

Business Litigation

• Defended multinational corporation in employment contract suit brought by former vice president.
• Engaged at the appellate stage, obtained substantial reversal of jury award against clients for tortious interference with an option to purchase real property. Ski River Development, Inc., et al., v. McCalla, et al. , 167 S.W.3d 121 (Tex. App. – Waco 2005, pet. denied).
• Represented a local homeowner in restrictive covenant suit brought by neighbors.
• Obtained summary judgment for defendant in suit for fraud in a real estate transaction.

AWARDS AND HONORS

Texas Super Lawyers "Rising Star" in Business Litigation, 2006, 2009, 2010; Published by Law & Politics and Texas Monthly magazine

COMMUNITY

Prior to law school, David was a researcher and speechwriter for the Southwest Industrial Areas Foundation, a network of grassroots community political organizations, based in Austin.